[420 Girl]

Ca. - Shasta County planning commissioners Thursday passed a medical marijuana ordinance that could change the way co-ops and collectives do business if it's adopted by county supervisors.

The ordinance includes zoning and permit requirements as well as restrictions on how much and where marijuana can be grown.

The new law was developed by the county Planning Department in conjunction with several other county departments at the supervisors' behest after they turned down a proposed 45-day moratorium on medical marijuana dispensaries in November.

Senior Planner Lisa Lozier said the ordinance specifies that dispensaries may be located only in specified - typically retail - zones and cannot operate near schools, libraries or other sensitive locations.

Use permits will be required, which are subject to a term limit and monitoring fees, along with a requirement that dispensaries file detailed operating plans, she said.

The ordinance also mandates a zoning permit for cultivation sites that will require the signature of the land/home owner as well as the verified medical marijuana patient or primary caregiver. Lozier said the patient or primary caregiver must live on the land where the marijuana is being grown.

The public hearing on the matter lasted about 45 minutes, with several people speaking for and against the ordinance. About three dozen people attended the meeting.

Janet Paine, a Happy Valley resident, told the commission her neighbor has a large medical marijuana garden on his 2.5-acre parcel where nine people grow the plants. She said she is concerned about it and wanted to know how the ordinance would address the situation.

"There is a size limitation based on the estimated size needed per plant," said Richard Simon, assistant director of resource management.

The ordinance limits outdoor grows on an acre or less to 60 square feet and grows on larger parcels can be no larger than 240 square, he said.

The limit applies no matter how many people are growing medical marijuana on the property, he said.

Dave Keith of Bella Vista told the board that while he doesn't have a medical marijuana recommendation, he doesn't want the government dictating what he does on his property.

"I don't want to be told what I can and can't grow on my own property," he said.

Sheriff Tom Bosenko also spoke against the ordinance, taking issue with some of the wording and suggesting more specific fencing requirements.

The ordinance requires a minimum 6-foot fence around all outdoor grow areas to block them from public sight. The fence must also include a locking gate, which must remain locked when the patient or caregiver is not in the immediate area.

Bosenko said the plants can grow much taller than 6 feet and his department has received many complaints about plants growing over fencing and encroaching onto neighboring yards or sidewalks.

Simon said any fence taller than 6 feet requires a building permit.

Before voicing his motion to approve the ordinance, Commissioner David Rutledge said he thinks it will have to be re-evaluated in a year as court rulings continue to change laws surrounding medical marijuana.

"Given this is pretty doggone new, I think saying we'll get it right the first time around is unrealistic," he said.

The ordinance also includes a warning that medical marijuana is still illegal under federal law and that the county will not accept any liability surrounding permit approvals or subsequent cultivation of medical marijuana.

The matter will go before the board of supervisors in the following weeks for final consideration. If approved it will be enacted 30 days after its passage.

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